Further analysis of debate and opinion on topical issues such as the recoverability of 'overpaid' rent following the termination of a lease

Extended selection of precedents

Foreword

It is striking, and to the uninitiated it may be surprising, that an apparently relatively niche topic such as break clauses in leases can provide enough in the way of legal problems and issues to justify a book running to over 300 pages and over 500 reported cases. Many non-lawyers may wonder whether this is a tribute to the ingenuity of lawyers or the ineptitude of those involved in drafting and operating the clauses. However, as any reader of this excellent book will quickly realise, break clauses have thrown up many practical and legal problems, which fully justify the full and careful treatment which this book gives the topic. Read the full foreword...

Preface

It is a commonplace with a textbook that the progeny is larger than the forebear. This book is an extreme example of that tendency. Although there have been a large number of cases concerned with aspects of break clauses in the last few years, the blame for the growth lies on the shoulders of the authors, not the judges. Further thoughts, plus readers’ suggestions, have added topics, and even some new chapters. Really, the book has undergone a substantial re-write.

Case-law since the first edition has tended to emphasise the importance of strict compliance with the conditions in a break clause, and the content of the break notice. The many cases dealing with the former are discussed in Chapters 9 and 10. Prominent amongst the cases emphasising the importance of the careful drafting of a break notice is the Court of Appeal decision in Siemens Hearing Instruments Ltd v Friends Life Ltd [2014] 2 P&CR 5. Read the full preface...

Table of contents

Foreword to the Second Edition

Foreword to the First Edition

Authors’ Preface to the Second Edition

Table of Cases

Table of Statutes

Table of Statutory Instruments

The Nature of a Break Clause

Formalities and Registration

Assignment

Who May Exercise the Break Clause

The Form and Content of the Break Notice

The Time for Exercise of the Break Clause and Service of the Break Notice

The Method of Service of a Break Notice

On Whom the Break Notice Should be Served

Conditions in a Break Clause: General Principles

Particular Conditions in a Tenant’s Break Clause

The Recovery of ‘Overpaid’ Rent and Other Sums

Redevelopment Break Clauses

Invalid Break Notices: Waiver, Estoppel and Withdrawal

The Effect of Exercising a Break Clause

Professional Liability

Business Tenancies

Residential Tenancies

Agricultural Tenancies

Drafting Break Clauses

Practical Advice When Exercising a Break Clause

Appendices

Break Clause for the Landlord – On One or More Specified Dates

Break Clause for the Landlord – Incorporating a Rolling Break

Break Clause for the Tenant – On One or More Specified Dates

Break Clause for the Tenant – Incorporating a Rolling Break

Particulars of Claim – Landlord’s Claim for Declaration Etc

Defence and Counterclaim – In Response to Landlord’s Claim for Declaration Etc